Resolution 2024-147 - Laserfiche WebLink

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3. Easement Area Glearing and Maintenance. PSE shall have the right to cut, remove and dispose of any and all brush, trees or oiher vegetation in the Easement Area. PSE shall also have the right to control, on a continuing basis and by any prudent and ieasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 4. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's reasonable judgment cause dama-ge to PSE's systemsand/orpresentahazardtothegeneral publichealth,safetyorwelfareasdefinedinRCW64'12.035' PSE s-hall, except in the event of an emergency, prior to the exercise of such right, identify such irees and make a reasonable effort to give Owner prior notice thaisuch trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compenJation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE 5. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to the e)dent reasonably practicable, restore land;caping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations under this paragiapn as soon as reasonably possible afier the completion of PSE's work. 6. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities without PSE's prior written"consent (llexcavate within or othemise change the grade of the Easement Area; (2) construct o; raintain any buildings, structures or other objecis on the Easement Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities. 7. lndemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a resull of pSE's negligence, orihe negligence of PSE's employees, agents or contractors in the exercise of the rights herein granted tjp-Se, but nothing h!r6in shall require PSE to indemnify Owner for that portion of any such liability attributable ib the negligence of Ownei, its employees, agents or contractors or lhe negligence of third parties' 8. Attorneys, Fees, The prevailing party in any lawsuit broughl to enforce or interpret the terms of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit, including on appeal. g. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors and permitted assigns of the parties. PSE may not assign or olhenruise transfer any of its rights, obligations or interest under this Easement withoui the prior written consent o{ Owner, which consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate or in conneclion with a merger, acquisition' corporate reorganization, sale of assets or other change in control. 10. Gomplete Agreement; Amendment; Counterparts. This Easement contains the enlire agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement. This Easement may not be amended except by a written document executed by the authorized representatives of Owner and pSE. This Easement may be execuied in counterparts, each of which shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement. 11, Warranty and Representation of Authority. The parties each represent to the other that the person or persons executing thii Easement have authority to do so and to bind the parties hereunder. All consents, permissions and approvals ,eiat"d to this Easement, and the obligations hereunder, have been obtained. Owner further warrants to pSE that it has the necessary right, title and interests in the Property to grant the easement rights set forth herein. 12. Severability. lnvalidationof anyoftheprovisionscontainedinthisEasement,oroftheapplicationthereof to any person, by judgment or courl order, shall in no way affect any of the other provisions thereof or the application thereblto any other person and the same shall remain in full force and effect. lf a provision is found to be unenforceable or invalid, that provision shall be modified or partially enforced lo lhe maximum extent permitted by law to effectuate the purpose of this agreement. 13. Non-Waiver. The failure of any party to insist upon stricl performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or al law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms' covenants or conditions. PSE UG Electric Easement 2021 Rw 134543 wo 105105506 Page 2 of 3